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B-288468 1 (2001-11-08)

handle is hein.gao/gaocrptamrz0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Myers Investigative and Security Services, Inc. File: B-288468 Date: November 8, 2001 Lawrence J. Sklute, Esq., and Nolan Sklute, Esq., Sklute & Associates, for the protester. Benjamin N. Thompson, Esq., and Jennifer M. Miller, Esq., Wyrick, Robbins, Yates & Ponton, for Industrial Loss Prevention, an intervenor. George U. Lane, Esq., General Services Administration, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest contention that evaluation was unreasonable is sustained where the record shows that the agency treated offerors unequally in its assessment of the past performance information used to justify the selection decision. 2. Protest allegation that an agency's affirmative determination of awardee's responsibility must have been made in bad faith is denied where the record shows that, even though the agency received information raising questions about how the awardee could have properly certified to state authorities that it had taken the required steps for receiving the state permits needed to perform the instant contract, the information received was not sufficient to require a conclusion that the firm lacked integrity. DECISION Myers Investigative and Security Services, Inc. protests the award of a 10-month interim contract for guard services for federal buildings in the Lumberton, North Carolina area by the General Services Administration (GSA) to Industrial Loss Prevention, Inc. This contract was awarded pursuant to solicitation No. GS-04P-01- EYC-0073. Myers argues that GSA's evaluation of its and Industrial's past performance was unreasonable because the agency had no basis for some of its conclusions, and because the companies were treated unequally. Myers also argues that the agency's affirmative determination that Industrial is a responsible contractor was made in bad faith.

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